Skip to main content
William David Umansky
Avvo
Pro

William Umansky’s Answers

2,720 total


  • What usually happens to people who get their second technical violation for the same thing but no new charges.

    My fiancée got a second technical violation for a positive drug test with in 7 months from each other he got out the first time and the judge just add 6 more months to his probation. He has been on probation for about 35 months now has never got i...

    William’s Answer

    Technical does not mean minor. Judges get tired of people who violate probation. In fact, Judges will increase the punishment for a second violation. however recent case law may be helpful to your fiancee. You should check with a local lawyer. If the probation period runs before a judge hears the VOP based upon a technical violation, your fiancee may walk. Good luck!

    See question 
  • Living in Florida with FL License with fees in GA

    I just moved to Florida in Feb. 2016 from Lawrenceville GA. I got a speeding ticket in GA in 2015 and paid it, but for some reason I just got this super speeder fee of $200. Do I really have to pay this since I don't live in GA and never intend on...

    William’s Answer

    I would be concerned. Many states are part of an interstate compact on drivers licenses . I know Florida is part of that compact but i am not sure if Georgia is a member. If Georgia is, you could have an issue. Also if you ever drive through GA you could have an issue. It is best to take care of your obligations but of course that is your choice.

    See question 
  • Prisoner's rights to medical attention

    Looking for a lawyer in Orlando that can help get my boyfriend the medical attention he needs for severe back and leg pain in a Fla prison. For several months, he has been given aspirin to kill the pain. The problem is getting worse. Now, they ...

    William’s Answer

    My colleagues are correct. Hiring a lawyer who is familiar with DOC issues may be helpful to your boyfriend getting help with his treatment on the inside. However, lawyers will not likely take this case on a contingency so be prepared to pay someone.

    See question 
  • Went straight from jail to rehab been 3wks forgot to register as felon will he go to jail the day he registers

    I picked my husband up from jail and took him straight to rehab the same day in doing so he forgot to register as a convicted felon its been 3 weeks with all that said when he does go to register hes afraid he will be locked up that day

    William’s Answer

    He is in a tough situation. Florida Statutes 775.13 requires registration within 48 hours. violation of this statute could be a misdemeanor or a felony depending on the original charge I believe. It is possible he could go to jail. What is the alternative? Not register and hope for the best?

    Your husband does have a legitimate excuse but it will be up to the State whether they want to arrest or even file charges in the first place. I am sorry he finds himself in this position as it does not appear that he willfully was trying to evade registration.

    See question 
  • Can I face jail time for going 100 mph on the highway

    About two weeks ago I was driving on the highway in west palm and I was going over 100 mph and I got stopped the cop said that I have a mandatory court date and that he could take me to jail but he wouldn't but I've also been reading that it is pu...

    William’s Answer

    If you were charged with Reckless or Racing, you could face jail time. Please get yourself good counsel down in West Palm Beach. it is best not to take any chances.

    See question 
  • What is the conviction for a 2nd offense petit theft while awaiting pre trial diversion for the 1st offense in Orlando,FL?

    was caught shoplifting from walmart a 2nd time even though it was a misunderstanding they still charged me because of my first offense 3 months prior. Would this require jail time? And Due to the misunderstanding of this time should I fight it if ...

    William’s Answer

    You should fight it if you are truly innocent. The prosecutor will likely not believe any defense you may raise but a Jury could. Jail time? It is possible. Although we have handled cases for people who have had multiple theft charges and they avoided jail. You never know. One thing for sure is that most prosecutors will NOT like the fact that you have a new charge for the same alleged behavior.

    See question 
  • What is the conviction for a 2nd offense petit theft while awaiting pre trial diversion for the 1st offense in Orlando,FL?

    I was caught shoplifting from walmart a 2nd time even though it was a misunderstanding they still charged me because of my first offense 3 months prior.

    William’s Answer

    Mr. Cohen is correct. if you had a lawyer for your first charge, you need to contact them and let them know. It does not look good to prosecutors if you break the law during the time they gave you a break by giving you diversion. At this point you may need a lawyer if you do not have one. You are in a tough situation.

    See question 
  • Do the following states allow for private prosecution?

    I can't find a whole lot of info on this topic. Do the following states allow private prosecution of criminals? Connecticut and Florida?

    William’s Answer

    There is no private prosecution per se. However, one can file a lawsuit for theft (conversion), intentional torts such as battery, assault, intentional infliction of emotional distress among other things.

    See question 
  • What do I do? What steps should I take? How do I recant my testimony? How do I get the right people to look at this case??

    I'm at a total loss, I'm the victim of a domestic battery case in Florida. Unfortunately, wee both were on drugs. And there had been previous violence prior, so I was scared, somewhat paranoid, and when this happened, I had expected a three day or...

    William’s Answer

    If there is new evidence then reach out to his lawyer and let them know. It's now in the handle of an appellate lawyer if he even has one.

    See question 
  • Internet sex - age of consent

    can a 17 year old and a 20 year old indulge on online - internet sex like on skype ( video chatting) , if they both are over the age of consent in their state? no exchange of pictures or videos , only live video chat like how you talk to someone o...

    William’s Answer

    While Mr. Haver is correct, you better know for sure what the age is. lack of knowledge is no excuse.

    See question